1359

Motor Vehicle Theft Prevention StatutesGeneral
Overview

Beginning with enactment of the Motor Vehicle Theft Law Enforcement
Act, Pub.L. No. 98-547, 98 Stat. 2754 (1984) (1984 Act), Congress began to
respond to the growing professionalism of motor vehicle theft during the
prior
two decades. The primary thrust of this legislation is directed at
professional
"chop shops" which cause the theft of motor vehicles in order to obtain
replacement parts for other vehicles damaged in accidents. As these "crash"
parts (i.e., fenders, doors, hoods, etc.) were not required to be marked
with
identification numbers, they were nearly impossible to identify as stolen
once
separated from the stolen vehicle.

The 1984 Act gave the Secretary of Transportation authority to
prescribe by regulation a "vehicle theft prevention standard" which would
require
that manufacturers and importers of new passenger car models that are
frequent
theft targets ("high theft lines") mark the major components of such
vehicles
with an identification number in order to help prevent their theft for "chop
shop" operations. The Secretary of Transportation was also authorized to
issue
a voluntary component identification standard for "low theft" passenger car
lines
and all other "road" motor vehicles (i.e., trucks, vans, motorcycles, etc.).
The
Secretary of Transportation was not given any authority over "off-highway"
mobile
equipment (i.e., bulldozers, farm tractors, etc.) by the 1984 Act.

The Anti Car Theft Act of 1992, Pub.L. No. 102-519, 106 Stat. 3397
(1992) (1992 Act) expanded the Secretary's motor vehicle parts marking
authority.
The 1992 Act required that within two years of the date of enactment
(October 25,
1992), the Secretary shall promulgate a vehicle theft standard pertaining to
the
covered major parts which are installed by all foreign and domestic
manufacturers
into passenger motor vehicles (other than light duty trucks) in not to
exceed
one-half of the lines not designated as high theft lines. As a result of
the
revision of Title 49 United States Code, Pub.L. 103-272, (1994) the theft
prevention (parts marking) provisions are now codified Chapter 331 of Title
49.
The implementing regulations are set forth in 49 C.F.R. Part 541.

The 1984 Act also amended Title 18 to provide for criminal
penalties
for altering or removing motor vehicle identification numbers (18 U.S.C.
§
511); seizure and forfeiture of vehicles or components with falsified or
removed
identification numbers (18 U.S.C. § 512); trafficking in road motor
vehicles
or their components which have removed or falsified identification numbers
(18
U.S.C. § 2321); importing or exporting any of a wide variety of motor
vehicles, vessels, or aircraft that have been stolen or that have had their
identification numbers falsified or removed (18 U.S.C. § 553). In
addition,
the 1984 Act authorizes the Customs Service to establish a regulation
requiring
that the exporter of a used motor vehicle, or used off-highway mobile
equipment,
submit to the Customs Service before exportation a document evidencing his
ownership and containing the identification number of the vehicle or
equipment
(19 U.S.C. § 1627a).

The 1992 Act created a new offense which makes it a federal crime
to
own, operate, maintain, or control a "chop shop." (18 U.S.C. § 2322).
Finally, the Motor Vehicle Theft Prevention Act (42 U.S.C. § 14171)
which was
enacted as Title XXII of the Violent Crime Control and Law Enforcement Act
of
1994, requires the Attorney General to develop, in cooperation with the
States,
a national voluntary motor vehicle theft prevention program wherein a motor
vehicle owner may sign a consent form authorizing law enforcement officers
to
stop his motor vehicle if it is being operated under specified conditions.
Participating motorists must display a program decal on their vehicles. An
unauthorized application of a program decal on a vehicle is punishable by a
fine
not to exceed $1000 (18 U.S.C. § 511(a)).